Whether the crime of embezzlement of stolen property and the crime of larceny constitute the same or similar crime as provided in Article 5 of the Social Protection Act.

The crime of embezzlement and larceny can not be said to be in the relationship of the same or similar crime as provided in Article 5 (2) 1 of the Social Protection Act.

Articles 5 and 6 of the Social Protection Act

Supreme Court Decision 82Do2568 delivered on December 28, 1982, 82Do2568 delivered on June 28, 1983, 83Do201 delivered on June 28, 1983

Applicant for Custody

Prosecutor

Seoul High Court Decision 86No937,86No97 Decided June 30, 1986

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

Since the crime of embezzlement and larceny cannot be deemed to be in the relationship of the same or similar crime as stipulated in Article 5 (2) 1 of the Social Protection Act, the court below's dismissal of the protective custody claim is just and there is no error of law by misunderstanding the legal principles as to the same or similar crime under the Social Protection Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Yoon-tae (Presiding Justice)

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